Configuration Services. 2.1 The Supplier shall appoint the Supplier's Project Manager, who shall have the authority to contractually bind the Supplier on all matters relating to this agreement. The Supplier shall use reasonable endeavours to ensure continuity of the Supplier's Project Manager, but has the right to replace him from time to time where reasonably necessary in the interests of the Supplier's business. 2.2 If the Supplier and Customer agree on work which is based upon configuration of the existing solution, then configuration fees payable to the Supplier will apply as agreed between the Supplier and Customer. The Supplier shall perform the Configuration Services in accordance with the timetable set out in Schedule 3. The Supplier shall use reasonable endeavours to meet the performance dates set out in Schedule 3, but any such dates shall be estimates only, and time shall not be of the essence in this agreement. 2.3 On delivery of each Deliverable, the Customer shall be able to access the Deliverable online. Within five days of the Supplier's delivery to the Customer of any Deliverable, the Customer shall review the Deliverable to confirm that it functions in material conformance with the applicable portion of the Software Specification. If the Deliverable fails in any material respect to conform with the applicable portion of the Software Specification, the Customer shall give the Supplier a detailed description of any such non-conformance, in writing, within the five-day review period. 2.4 With respect to any Errors contained in any Deliverables delivered to the Customer during the Configuration Services, the Supplier shall use reasonable endeavours to correct any such Error within a reasonable time and, on completion, submit the corrected Deliverable to the Customer. The provisions of this clause 2.4 shall then apply again, up to three additional times. 2.5 If the Customer does not provide any written comments in the five-day period described above, or if the Deliverable is found to conform with the Software Specification, the Deliverable shall be deemed accepted.
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Sources: Service Agreement, Service Agreement
Configuration Services. 2.1 The Supplier Account Team shall consist of the personnel listed at Schedule 2. The Supplier shall use reasonable endeavours to ensure continuity of its personnel assigned to this agreement.
2.2 The Supplier shall appoint the Supplier's Project Manager, who shall have the authority to contractually bind the Supplier on all matters relating to this agreement. The Supplier shall use reasonable endeavours to ensure continuity of the Supplier's Project Manager, but has the right to replace him him/her from time to time where reasonably necessary in the interests of the Supplier's business. If the Supplier’s Project Manager does change, the Customer will be advised in writing as a priority and there will be no period during the contract where a Project Manager is not assigned.
2.2 If 2.3 The Supplier, with the Supplier and Customer agree on work which is based upon configuration full cooperation of the existing solutionCustomer, then configuration fees payable to the Supplier will apply as agreed between the Supplier and Customer. The Supplier shall perform the Configuration Services in accordance with the timetable set out in Schedule 3. The Supplier and Customer shall use reasonable endeavours to meet the performance dates set out in Schedule 3, but any such dates shall be estimates only, and time shall not be of the essence in this agreement.
2.3 2.4 On delivery of each Deliverable, the Customer shall be able to access the Deliverable online. Within five days of the Supplier's delivery to the Customer of any Deliverable, the Customer shall review the Deliverable to confirm that it functions in material conformance with the applicable portion of the Software Specification. If the Deliverable fails in any material respect to conform with the applicable portion of the Software Specification, the Customer shall give the Supplier a detailed description of any such non-conformance, in writing, within the five-day review period.
2.4 2.5 With respect to any Errors contained in any Deliverables delivered to the Customer during the Configuration Services, the Supplier Supplier, with the full cooperation of the Customer, shall use reasonable best endeavours to correct any such Error within a reasonable time and, on completion, submit the corrected Deliverable to the Customer. The provisions of this clause 2.4 2.5 shall then apply again, up to three additional times. If the Supplier is unable to correct such Error after three attempts, ‘The Customer’ may terminate this agreement subject to the provisions of clause 21.3(d) (accrued rights and liabilities).
2.5 2.6 If the Customer does not provide any written comments in the five-day period described above, or if the Deliverable is found to conform with to the Software Specification, the Deliverable shall be deemed accepted.
Appears in 1 contract
Configuration Services. 2.1 6.1 Prior to the commencement of the Configuration Services, to assist the parties’ understanding of the requirements and potential functionality of the Services for each Speciality and ensure the scope of the Configuration Services is clearly understood, the Customer shall procure that the Nominated Individual for the relevant Speciality shall read, understand and sign a Configuration Template. Once signed, such Configuration Template shall be the Agreed Configuration Scope for such Speciality.
6.2 The Supplier shall appoint provide the Supplier's Project Manager, who shall have the authority to contractually bind the Supplier on all matters relating to this agreement. The Supplier Configuration Services with reasonable skill and care and shall use reasonable endeavours to ensure continuity of the Supplier's Project Manager, but has the right to replace him from time to time where reasonably necessary in the interests of the Supplier's business.
2.2 If the Supplier and Customer agree on work which is based upon configuration of the existing solution, then configuration fees payable to the Supplier will apply as agreed between the Supplier and Customer. The Supplier shall perform complete the Configuration Services in accordance with within six months of the timetable set out in Schedule 3. The Supplier shall use reasonable endeavours to meet date of the performance dates set out in Schedule 3Agreed Configuration Scope, but any such dates shall be estimates only, date is an estimate only and time shall not be of the essence in this agreementrespect of the Configuration Services.
2.3 On delivery 6.3 The relevant Nominated Individual shall in a timely manner provide all information and assistance reasonably requested by the Supplier to enable the Supplier to provide the Configuration Services.
6.4 Following completion of each Deliverable, the Customer shall be able to access the Deliverable online. Within five days phase of the Supplier's delivery to the Customer of any Deliverable, the Customer shall review the Deliverable to confirm that it functions in material conformance with the applicable portion of the Software Specification. If the Deliverable fails in any material respect to conform with the applicable portion of the Software Specification, the Customer shall give the Supplier a detailed description of any such non-conformance, in writing, within the five-day review period.
2.4 With respect to any Errors contained in any Deliverables delivered to the Customer during the Configuration Services, the Supplier shall use reasonable endeavours make available to correct the Customer the Services for the testing in a test environment.
6.5 The Customer shall carry out any testing in a timely manner and shall provide to the Supplier in writing, either:
6.5.1 acceptance of the Services, in which case the Configuration Services shall be deemed complete;
6.5.2 full and detailed feedback in respect of the Configuration Services, in which case, subject to the terms of this Agreement, the Supplier shall carry out further Configuration Services and the process in clauses 6.4 and 6.5 shall apply to the output of such Error within a reasonable time andServices.
6.6 The Supplier may, on completion, submit the corrected Deliverable by notice in writing to the Customer, terminate its obligations under this Agreement with respect to the relevant Speciality Subscription without any liability to the Customer whatsoever: (i) on the date it becomes apparent to the Supplier (acting reasonably) that the Configuration Services required by the Customer or Nominated Individual are outside of the Agreed Configuration Scope; or (ii) in the event that the Customer has failed to discharge its obligations under clause 6.3 within six months from the date of commencement of the Configuration Services.
6.7 Where the Configuration Services have not been completed within 6 months of commencement and the Supplier has not terminated its obligations under this Agreement with respect of the relevant Speciality Subscription pursuant to clause 6.6, save where directly attributable to the Supplier’s acts or omissions, the Supplier may charge to the Customer, at its then applicable hourly rates, fees for the provision of any further Configuration Services.
6.8 Within a reasonable period following completion of the Configuration Services, the Supplier shall make available to the Customer the Services to which the Customer is entitled pursuant to the relevant Speciality Subscription for use in a live environment. The date on which such Services are made available shall be the Go- Live Date.
6.9 Subject always to the provisions of clause 13.2, the Supplier shall not be liable for any loss, damage or liability whatsoever suffered or incurred by the Customer to the extent resulting, directly or indirectly, from:
6.9.1 the Customer’s failure to provide or delay in providing any information and/or assistance requested in accordance with this clause 2.4 shall then apply again, up to three additional times6; and/or
6.9.2 the Customer’s or Nominated Individual’s requirements in respect of the Configuration Services extending beyond the Agreed Configuration Scope.
2.5 If the Customer does not provide any written comments in the five-day period described above, or if the Deliverable is found to conform with the Software Specification, the Deliverable shall be deemed accepted.
Appears in 1 contract
Sources: Software Subscription Agreement